A All persons except Head of
state, foreign diplomats,
CHAPTER 2
Criminal Law  branch of public
(municipal) substantive law which defines
crimes, treats o their nature and provides or
their punishment.
Sources:
1. Act 3815- Revised Penal Code
2. Special penal laws from Congress
3. Presidential Decrees
Rules on crimes aboard foreign merchant
vessels while within Philippine waters:
 English Rule- punishable in the
Philippines, unless it merely affects
things within the vessel
 French Rule- not punishable in the
country, unless it has effects on the
safety of the coastal state.
Legal Maxims
 Nullum crimen nulla poena sine lege
 Actus me invictus factus no est meus
actus
 Ignorantia lege neminem excusat
 Ignorati facti excusat
Revised Penal Code (RPC)
 Spanish Codigo Penal
 Royal Decree of 1870
 December 8, 1930- Amendment
 January 1, 1932- Act 3815 took effect
 Two books composed of:
1. 1st book:
 Article 1-20-
principles affecting
criminal liability
 Article 21-113-
penalties
2. 2nd book:
 Article 114-367-
felonies
 Characteristics
1. Generality
foreign troops
Exceptions:
1. Public International Law
2. Treaties Stipulation
3. Laws of Preferential
Application
2. Territoriality
 Philippine Archipelago
 Atmospheric water
 Maritime zone- 3 mile
limit beyond our
shore during low tide
3. Prospectivity
Circumstances affecting ones criminal
liability
1. Justifying
 Self defense, defense of relatives,
defense of strangers, avoidance of
greater evil, fulfillment of duty,
obedience to order of superior
2. Exempting
3. Mitigating
 Incomplete justifying or exempting
circumstances, under 18, no intention
to commit so grave a wrong (praeter
intentionem), sufficient provocation
or threat, vindication of a grave
offense, passion or obfuscation,
voluntary surrender/voluntary
confession of guilt, physical defects,
illnesses which diminish will power,
analogous circumstance
4. Aggravating
 Advantage of public position, in
contempt or with insult to public
authorities, disrespect, abuse of
confidence, palace of the chief
executive, place of religious worship,
nighttime, uninhabited place, band, on
occasion o conflagration, shipwreck,
etc., aid of armed men, recidivist,
 reiteration, price, reward or promise,
inundation, fire, poison, evident
premeditation, graft, fraud or
disguise, superior strength, treachery,
ignominy, unlawful entry, wall or roof
broken, aid of persons under 15,
motor vehicle, cruelty.
5. Alternative
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